Over 2 lakh Indian cases. Search powered by Google!

Case Details

K.R.REJANI, RATHEESH BHAVAN versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


K.R.REJANI, RATHEESH BHAVAN v. STATE OF KERALA, REPRESENTED BY - Crl MC No. 4909 of 2003(Y) [2006] RD-KL 1569 (13 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4909 of 2003(Y)

1. K.R.REJANI, RATHEESH BHAVAN,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. KANNAYYA CHETTIYAR, KOCHU KARIMPANA

For Petitioner :DR.K.P.SATHEESAN

For Respondent :SRI.S.MUHAMMED HANEEFF

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :13/11/2006

O R D E R

K.R. UDAYABHANU,J

Crl.M.C.Nos. 4909 OF 2003 AND 62 OF 2004

Dated this the 13th day of November,2006

The petitioners are accused 1 and 3 in C.C.No. 299/03 in Court of Judicial First Class Magistrate, Adoor, with respect to the offence under Sections 336 and 304-A I.P.C. On the allegation that on account of the negligence of the petitioners and the other accused, the son of the complainant, who underwent an operation for appendicitis died. It is the case of the Petitioners / the accused, that Act of taking cognizance of the complainant by the court below is in violation of the

ratio of the decision of the Supreme Court, in Jacob Mathew Vs

State of Punjab, 2005 (3) KLT 965 . It is omitted that the patient died on 20.8.2000 at the Medical College Hospital, Kottayam, wherein he was admitted on 10.8.2000. The operation has conducted on 9.8.2000. The petitioners produced the post-mortem certificate. The cause of death based on the post-mortem findings and the results of laboratory examinations, is that the death was caused due to Septicaemia vide annexure A3. It is submitted that the matter was initially investigated by the police. The police filed a report vide annexure A4. The petitioner Crl.M.C. 4909 is the first accused/ Staff nurse. It was allegedly submitted that the injection given to the Crl.M.C.No.4909/2003 and 62/2004 :2: patient was deteriorating. She was only the duty staff nurse inside the operation theatre and not the duty nurse wherein the diseased was admitted subsequent to the operation. I find that the contention of the counsel for the petitioner / the accused is mainly based on the decision of the Supreme Court in Jacob Mathew's case (ob.cit) at the time when the court took cognizance, the above decision was not available as the order of the court is dated 02.05.03. In the circumstances the order of court dated 2.5.2003 issue summons to the accused is herewith quashed. The court below is directed to reconsider the matter in the light of the decision in Jacob Mathew's case (ob.cit). The petitioners in the private complaint appear before the court below on 04.12.2006.

K.R.UDAYABHANU, JUDGE

dvs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.